Scenario O Flashcards
Carol has worked at Chase & Porter for 5 years and has been a diligent employee for most of that time. But lately her work has been slipping, and she has been involved in a number of verbal confrontations with her supervisor and her co-worker Marie. Recently, Marie accused Carol of slapping her while they were in the break room together. Although no one else witnessed this incident and it cannot be proven, it is not out of character for Carol based on her recent documented behaviour. Senior management decides to terminate Carol and asks the HR manager, Lise, to oversee the process. Carol receives a generous benefits package as part of her compensation. Although her employment contract contains a termination clause, it is silent on whether she would continue to receive benefits after termination, and if so, for how long. Senior management asks Lise if Carol should be terminated with cause given the circumstances. What should Lise advise? a) Carol should be terminated immediately. If not, the organization would be vulnerable to a lawsuit for failing to provide a safe work environment. b) There is insufficient evidence to warrant termination with cause in this situation. c) Carol should be terminated. Even without sufficient evidence to justify termination with cause, Carol must be disciplined to deter behaviour of this nature in the workplace.
The answer is b. There is insufficient evidence to warrant termination with cause in this situation. Functional Area: A1 Rationale(s): A is incorrect. The organization does not have to terminate her with cause to provide a safe workplace (a suspension may be appropriate). Additionally, while an employer does have an implicit duty to provide a safe workplace, the employer should not terminate someone with cause merely on the grounds of another employee’s complaint without investigating. B is correct. Termination with insufficient evidence may lead to a wrongful dismissal claim, and Carol can always be terminated without cause. C is incorrect. Since the slapping cannot be proven, disciplinary termination may leave the employer open to an accusation of wrongful termination. Reference(s): Unit 11, Module 6: Common reasons for termination Persaud v. Telus Corp., 2016 ONSC 1577, [2016] O.J. No. 1770
Carol has worked at Chase & Porter for 5 years and has been a diligent employee for most of that time. But lately her work has been slipping, and she has been involved in a number of verbal confrontations with her supervisor and her co-worker Marie. Recently, Marie accused Carol of slapping her while they were in the break room together. Although no one else witnessed this incident and it cannot be proven, it is not out of character for Carol based on her recent documented behaviour. Senior management decides to terminate Carol and asks the HR manager, Lise, to oversee the process. Carol receives a generous benefits package as part of her compensation. Although her employment contract contains a termination clause, it is silent on whether she would continue to receive benefits after termination, and if so, for how long. Senior management wants to spend as little money as possible to remedy this matter. Taking into consideration all the costs and potential risks, what should Lise recommend as the most appropriate course of action? a) Terminate Carol without cause and provide her with payment in lieu of notice. b) Terminate Carol without cause and provide her with a working notice period. c) Terminate Carol with cause.
The answer is a. Terminate Carol without cause and provide her with payment in lieu of notice. Functional Area: A1 Rationale(s): A is correct. Though this option is the most expensive upfront, it poses the least risk for the future. B is incorrect. Considering the relationship between Carol and her supervisor and her co-workers, she is not a suitable candidate for a working notice period. C is incorrect. This option could prove costly should Carol sue for wrongful termination (which may occur given the absence of an obvious case of just cause). Reference(s): Unit 11, Module 1: Termination and notice periods http://www.canadaemploymenthumanrightslaw.com/2010/07/working-notice-rarely-the-perfect-solution/ http://www.fasken.com/working-notice-employer-requirements/
Carol has worked at Chase & Porter for 5 years and has been a diligent employee for most of that time. But lately her work has been slipping, and she has been involved in a number of verbal confrontations with her supervisor and her co-worker Marie. Recently, Marie accused Carol of slapping her while they were in the break room together. Although no one else witnessed this incident and it cannot be proven, it is not out of character for Carol based on her recent documented behaviour. Senior management decides to terminate Carol and asks the HR manager, Lise, to oversee the process. Carol receives a generous benefits package as part of her compensation. Although her employment contract contains a termination clause, it is silent on whether she would continue to receive benefits after termination, and if so, for how long. If Lise terminates Carol without cause, what is the minimum notice of termination, or pay in lieu of notice, that Carol is entitled to under the Employment Standards Act, 2000? a) 4 weeks b) 5 weeks c) 6 weeks
The answer is b. 5 weeks Functional Area: A1 Rationale(s): A is incorrect. She is entitled to more notice under the ESA. B is correct. She is entitled to at least 5 weeks’ notice under the ESA, but likely more at Common Law. C is incorrect. This is more than the ESA entitlement. Reference(s): https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php
Carol has worked at Chase & Porter for 5 years and has been a diligent employee for most of that time. But lately her work has been slipping, and she has been involved in a number of verbal confrontations with her supervisor and her co-worker Marie. Recently, Marie accused Carol of slapping her while they were in the break room together. Although no one else witnessed this incident and it cannot be proven, it is not out of character for Carol based on her recent documented behaviour. Senior management decides to terminate Carol and asks the HR manager, Lise, to oversee the process. Carol receives a generous benefits package as part of her compensation. Although her employment contract contains a termination clause, it is silent on whether she would continue to receive benefits after termination, and if so, for how long. What should Lise advise senior management regarding the termination clause in Carol’s contract? a) The termination clause is unenforceable. b) Unless Carol continues to receive benefits throughout her notice period, she will have a case for wrongful dismissal. c) Because the clause is silent on the matter, it is mutually understood that benefits are not part of the termination package.
The answer is a. The termination clause is unenforceable. Functional Area: A3 Rationale(s): A is correct. A termination clause that does not expressly provide for the continuation of benefits during the statutory notice period is unenforceable. B is incorrect. This is less of a concern than the enforceability of the clause. Continuing to provide benefits coverage during the statutory period would not prevent a wrongful dismissal lawsuit. C is incorrect. This is untrue. In fact, in a case such as this, the employer’s obligations would likely be much greater than usual as the common law interpretation of an employee’s benefits is generally greater than what is provided in the ESA. Reference(s): Filsinger, 2015: pp. 113-114 (Stevens v. Sifton Properties Ltd.)
Carol has worked at Chase & Porter for 5 years and has been a diligent employee for most of that time. But lately her work has been slipping, and she has been involved in a number of verbal confrontations with her supervisor and her co-worker Marie. Recently, Marie accused Carol of slapping her while they were in the break room together. Although no one else witnessed this incident and it cannot be proven, it is not out of character for Carol based on her recent documented behaviour. Senior management decides to terminate Carol and asks the HR manager, Lise, to oversee the process. Carol receives a generous benefits package as part of her compensation. Although her employment contract contains a termination clause, it is silent on whether she would continue to receive benefits after termination, and if so, for how long. If Carol is terminated, for how long should she continue to receive benefits? a) Until the end of the statutory notice period. b) For up to 5 weeks after her termination. c) Until the end of her Common Law notice period.
The answer is c. Until the end of her Common Law notice period. Functional Area: A3 Rationale(s): A is incorrect. As her employment contract is silent on the matter, Carol is entitled to benefits until the end of her notice period, which will almost certainly surpass the statutory notice period provided in the ESA (the common law notice period is thus the notice period). B is incorrect. This would represent an unusually short common law notice period. As an employee of 5 years, it would not be unheard of for Carol’s common law notice period to be closer to 5 months than 5 weeks. Employees are generally awarded a month of notice per year of service, but this can vary. C is correct. As there is no agreement to the contrary (a limitation of the notice period to only the statutory minimum), Carol is entitled to receive her benefits until the end of the notice period at common law. Reference(s): Filsinger, 2015: pp. 113-114 (Stevens v. Sifton Properties Ltd.) Bardal v Globe and Mail (1960), 24 DLR (2d) 140; 1960 CanLII 294 (ON SC).
